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ARTICLE · 20 SEPTEMBER 2018

Briefing For UCITS In Germany

Dillon Eustace
Dillon Eustace
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BAFIN has recently indicated to industry and other EU regulators that it will require foreign UCITS registered to distribute in Germany to be compliant with the application by BAFIN of the IOSCO...

GermanyFinance and Banking
Tara O'Callaghan
Tara O'Callaghan
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Performance Fee Structures-

BAFIN has recently indicated to industry and other EU regulators that it will require foreign UCITS registered to distribute in Germany to be compliant with the application by BAFIN of the IOSCO principles on performance fees. Further, BAFIN indicated that any non-compliant funds may ultimately be restricted from distribution into Germany. To date there has been no public BaFin release on the matter.

These criteria for foreign UCITS are already imposed by BAFIN on German public investment funds.

BaFin has indicated that it will require foreign UCITS to comply with the following in respect of their performance fees:

  • The calculation period for determination of a performance fee must be at least one year.

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